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2019 Supreme(Mad) 2859

R.THARANI
A. Pinky Sureka – Appellant
Versus
Tamil Nadu Industrial Investments Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. Meenakshi Sundaram for M.P. Senthil.
For the Respondents: M. Suresh, Aiyar & Dolia, Bijai Sundar, M. Ramdoss, G. Jermiah for Ghouse Kathiri.

JUDGMENT :

R. Tharani, J.

1. Heard the learned counsel appearing on both the sides.

2. These appeal filed against the common Judgment and Decree passed in O.S. No. 5 of 2010, 28 and 29 of 2011 dated 27.04.2015 on the file of the learned Principal District Judge, Tuticorin.

3. The appellants herein are the plaintiffs in the above said suits. The respondents are the defendants. The trial Court has passed a common Judgment.

4. The case of the plaintiff in O.S. No. 5 of 2010 is that the first schedule property jointly belonged to Gothawari Sureka, Hariprasad Sureka and Ram Avathar Sureka by virtue of purchase by them jointly as partners of M/s. Hari Prasath and Co. through a registered sale deed dated 07.08.1981. In the year 1984, Gothawari Sureka and Ram Avathar Sureka got the first schedule property in the oral partition and the second schedule property was given to Gothawari Sureka. On 24.11.1999, the said Gothawari Sureka executed an unregistered Will bequeathing the second schedule property in favour of the plaintiff who is the wife of her grand son namely Arun Kumar Sureka. Subsequently, on 06.02.2002, the said Gothawari Sureka died and the Will came into force.

5. The third defendant

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